Aruba

Marine turtle nests and eggs have been protected in Aruba since 1980 through the Marien Milieuverordening Aruba (Marine Environment Ordinance of Aruba) AB 1980, No. 18. Article IV stipulates that it is illegal to disturb marine turtle nests, or to remove, destroy, possess, deliver, transport, buy or sell marine turtle eggs. In addition, Article V stipulates that it is prohibited to kill animals and/or plants from the waters of Aruba if such animals and/or plants are listed by subsequent decree. In addition, it is prohibited to sell, purchase, deliver, import, export, or possess such animals and/or their parts or products (living or dead). It is similarly prohibited to use their products for making goods—such as tortoiseshell earrings, for example. All Atlantic/Caribbean species of marine turtle—the Loggerhead, Green Turtle, Leatherback, Hawksbill Turtle, Olive Ridley and Kemp’s Ridley—were listed under this law by Decree No. 51 of 1987. Barmes et al. (1993) noted that the maximum penalty for violation of the Ordinance was one month in prison and/or a fine of 2500 Aruban guilders (AWG2500), as well as confiscation of the equipment used in committing the violation. A repeat offence within a year doubled the penalty due. They recommended that these penalties be increased in order substantially to exceed product value. The recommendation was achieved with the Natuurbescherming Beschermingsverordening (Nature Conservation Ordinance) AB 1995, No. 2, under which the penalties for killing a protected species, such as a marine turtle, are at most two years in prison and/or a fine of AWG100 000.

Provisions for implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) were included in the Landsbesluit in-en Uitvoerverbod Bedreigde Dieren en Planten (Import and Export of Animals and Plants Decree), AB 1991, No. 102, but the Decree was withdrawn from consideration with passage of the Natuurbescherming Beschermingsverordening of 1995, which made it possible to: protect indigenous fauna and flora; designate nature reserves; and prohibit trade, import, export, possession (dead or alive), killing or wounding of species listed in the Appendices of CITES or the Protocol Concerning Specially Protected Areas and Wildlife (SPAW Protocol) to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, or Cartagena Convention. Aruba’s CITES-implementing legislation is under review as part of the CITES National Legislation Project (dependent territories have recently been included in the Project). The deadline for having adequate CITES-implementing legislation enacted in the case of Aruba is 30 September 2006 (Anon., 2004; S. Nash, Chief, Capacity Building Unit, CITES Secretariat, in litt. to J. Gray, TRAFFIC International, 21 September 2005) It is expected that at some point the Natuurbescherming Beschermingsverordening will replace the Marien Milieuverordening Aruba, but at present both remain in force (E. van der Wal and R. van der Wal, in litt., 28 October 2004).

There is no legislation in place in Aruba for coastal zone management, including for the designation of marine protected areas. Two decrees are in process, however, under the aegis of the Natuurbescherming Beschermingsverordening of 1995: the Landsbesluit Parke Marino Aruba and the Landsbesluit Parke Natural Spaans Lagoen, intended to designate the waters entirely surrounding Aruba as a marine park (using the Bonaire Marine Park as a model) and, independently, to confer protection to the unique ecosystem of Spaans Lagoon, a designated Ramsar Convention site since May 1980. These decrees also provide a national coastal zone management framework, including a coastal zone management authority. These decrees were expected to be finalized and adopted by Parliament before the end of the legislative session in September 2005 (B. Boekhoudt, Ministry of Labour, Culture and Sports, pers. comm., 18 November 2004). Pending their enactment, an interagency task force has been co-ordinating relevant activities and making recommendations.

The Landsverordening openbare wateren en stranden (Public Waters and Beaches Ordinance), AB 1987, No. 123, prohibits, inter alia, driving on beaches and disposal of solid waste materials on beaches and in public waters.